By Staff Writer, Iringa
THE Case of Economic Sabotage number 14 of 2023 facing the businessman Rajiv Bharat Bhesania (32) and his colleague Bharti Bhesania (62) in the Iringa Resident Magistrate's Court has been postponed until October 30, 2023.
The request to postpone the case has called by the Senior State Prosecutor Magreth Mahundi before Iringa Resident Magistrate Emmy Msangalafu due to the investigation being not completed.
"Honarable, with your consent, I request that this case to be postponed due to our side not completing the investigation," said the senior state prosecutor.
The charges facing both suspects are six including Sabotaging the economy as well as obtaining wealth through fraud.
However, count number one of the statement of offence said that Rajiv Bharat Bhesania and his colleague Bharti Bhesania charged after they conducted a forgery contrary to session 333,335 (a), 335 (d) (i), and 337 of the penal code {Cap. 1 RE 2002).
“Rajiv S/O Bharti @ Bhesania and Bharti W/O BhartiBhesania, on the 10t day of May 2014 at Iringa District within Iringa Region jointly and together wit intent to defraud made a false document to wit, a loan agreement dated 10th day of May 2014 purported to show that it has been signed by Rajan S/O Marwaha and Chanchal Marwaha as directors of Ruaha Foods Limited the fact they knew to be fake, ” it said.
The statement of offence added: “The second count is uttering false document, contrary to section 342 of the penal code said that Rajiv S/O Bharat @
Bhesania and Bharti W/O Bharti Bhesania on the 17t day of January 2017 at Mbeya municipal within Mbeya Region , jointly and together knowingly and fraudently uttered to Mbeya zone land registry a false document to will, a loan agreement dated 10th day of May 2014 purporting to show that it has been signed by Rajan S/O Marwaha and Chanchal Marwaha the fact they knew to be false.”
On 3rd count that forgery contrary to section 333,335 (a) (335) (d) (i) and 337 of the penal code, the charge sheet said that Rajiv S/O Bharti @ Bhesania and Bharti W/O Bharti Bhesania at unknown place on the 10th day of May 2013 jointly and together wit intent to defraud made a false document to wit an application for registration of a transmission by operation of law dated 10t May 2013 purporting to show that it had been signed by Rajan S/O Marwaha and Chanchal Marwaha the fact that they knew it to be false.
“The 4th count to Rajiv S/O Bharti @ Bhesania and Bharti W/O Bharti Bhesania was uttering false document contrary to section 342 of the penal code, it said, Noted that the two on the 17th day of January 2017 at Mbeya Municipal within the Mbeya Region jointly and together knowingly and fraudulently uttered to Mbeya Zone Land Registry a false document to wit.
The charge sheet went further to say, “Application for Registration of a Transmission by Operation of Law dated 10t May 2013 purporting to show that it had been signed by Rajan S/O Marwaha and Chanchal Marwaha the fact they know to be false.”
On the charge sheet, the 5th count was to obtain money by false pretence contrary to section 301 and 302 of the penal code that Rajiv S/O Bharti @ Bhesania and Bharti W/O Bharti Bhesania on the 10th day of January 2023 at the District and Region of Iringa jointly and together by false pretences and wit intent to defraud obtain cash money Tsh 400,000,000 (400m) from TRANSFUEL LOGISTIC LIMITED by falsely representing themselves as a lawful owners of the land property with title number 5848 located at plot number 791 block B Kibwabwa area within Iringa Municipal and ad lawful title to transfer to TRANSFUEL LOGISTIC LIMITED , the false they knew to be false.
The 6th count to the accused was money laundering contrary to section 12 (1) (a) (b) (c), 13 (1) (b) and 14 of the ant money laundering Act read together with paragraph 22 of the 1st schedule to and section 57 (1) and 60 (1) of the economic and organized crime control act (Cap 200 R E 2022).
The charge sheet, conclude by saying: Rajiv S/O Bharat @ Bhesania and Bharti W/O Bharti Bhesania on the 10t Day of January 2023 within the District and the region of Irina jointly and together being directors of MAKOTA FOREST LIMITED fraudulently engaged in a transaction of disposing land property with title number 5848 located plot number 791 bloc B Kibwabwa area within Irina Municipal to TRANSFUEL LOGISTIC LIMITED while they knew or ought to have known that the said property was a proceed of the predicate offences of forgery and uttering false document.
Meanwhile, the accused are automatically disqualified from admission to bail on the grounds that money laundering charged is unbailable.
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